6,392,899
An Encroachement leading to Adverse Possession, something that we have dealt with many times in managing forest land. And spent a lot of time in court as an expert witness.
These can go either way, depending on the judge and other circumstances.
Get a good attny and hope for the best.
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John Pusa
Glendale, CA
-
Eve Alexander
Tampa, FL
-
Doug Dawes
Topsfield, MA
-
Wayne Zuhl
Cranford, NJ
-
Brenda J. Andrew
Willis, TX
-
John Juarez
Fremont, CA
-
Pete Xavier
Pacific Palisades, CA
-
Steve Higgins
Kelowna, BC
-
Allie Angeloni
Oro Valley, AZ
-
Kasey & John Boles
Boise, ID
-
Inna Ivchenko
Encino, CA
-
Ron and Alexandra Seigel
Carpinteria, CA
-
Lynnea Miller
Bend, OR
-
Valeria Mola
Sunny Isles Beach, FL
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Bob Crane
Stevens Point, WI
3,344,906
Ownership is determined via the expensive and long drawn-out legal process. It could be that the property boundaries get re-established and the offending lot owner may have to pay the offended lot owner.
I do not want to get into what this is called because someone may wrongly believe I am practicing law without a license.
Encroachment comes to my mind ... but see disclaimer statement above.
This is good stuff. We are not talking about a fence here ... we are talking the actual house extends across the property line. Opps
-
Kathleen Daniels, Prob...
San Jose, CA
-
Doug Dawes
Topsfield, MA
-
Brenda J. Andrew
Willis, TX
-
Nina Hollander, Broker
Charlotte, NC
-
John Juarez
Fremont, CA
-
Anthony Acosta - ALLAT...
Atlanta, GA
-
Debe Maxwell, CRS
Charlotte, NC
-
Inna Ivchenko
Encino, CA
-
Michael Jacobs
Pasadena, CA
-
Bob Crane
Stevens Point, WI
2,684,009
Adverse possession. Open, hostile, notorious. Ultimately, a Judge is going to decide. Get it surveyed, bring in the lawyers.
-
Doug Dawes
Topsfield, MA
-
Brenda J. Andrew
Willis, TX
-
Nina Hollander, Broker
Charlotte, NC
-
John Juarez
Fremont, CA
-
Debe Maxwell, CRS
Charlotte, NC
-
Allie Angeloni
Oro Valley, AZ
-
Kasey & John Boles
Boise, ID
-
Inna Ivchenko
Encino, CA
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Bob Crane
Stevens Point, WI
5,229,312
Depends upon the level of encroachment. Adverse Possession would not apply to a new build though - it hasn't been long enough.
However, I would do everything I could to play nice - ask the Offended Lot owner to sell that corner and have the Offending Lot owner/builder pay for the survey to redraw the lot, pay for the attorney to record both new Deeds and offer a fair price to the Offended Lot owner for the sliver of land.
Good luck, John!
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Valeria Mola
Sunny Isles Beach, FL
-
Steve Higgins
Kelowna, BC
-
John Pusa
Glendale, CA
-
Kathleen Daniels, Prob...
San Jose, CA
-
Doug Dawes
Topsfield, MA
-
Brenda J. Andrew
Willis, TX
-
Peter Testa
Danbury, CT
-
John Juarez
Fremont, CA
-
Anthony Acosta - ALLAT...
Atlanta, GA
4,571,806
I am not a lawyer so I'm opting to call this situation anything. Just my opinion. Good luck.
-
Steve Higgins
Kelowna, BC
-
Doug Dawes
Topsfield, MA
-
Brenda J. Andrew
Willis, TX
-
Peter Testa
Danbury, CT
-
Anthony Acosta - ALLAT...
Atlanta, GA
-
Debe Maxwell, CRS
Charlotte, NC
-
Valeria Mola
Sunny Isles Beach, FL
-
Ron and Alexandra Seigel
Carpinteria, CA
711,752
Bob Crane has a good answer. We have had these types of situations often in Central Oregon. Just dealt with one in which the septic drain field from the offending lot was on the property our buyer was purchasing. We have had other situations in which entire buildings are built on the wrong lot. In these cases, we have had lot line adjustments made in which a portion of the property was purchased by the offending party, recorded easements made to accommodate the building, or one time I remember a handyman went out with a chain saw and sawed off 2 feet of a shed encroaching on our seller's property.
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Doug Dawes
Topsfield, MA
-
Brenda J. Andrew
Willis, TX
-
Nina Hollander, Broker
Charlotte, NC
-
John Juarez
Fremont, CA
-
Debe Maxwell, CRS
Charlotte, NC
-
Pete Xavier
Pacific Palisades, CA
-
Valeria Mola
Sunny Isles Beach, FL
-
Bob Crane
Stevens Point, WI
140,560
You have an enchroachment. I would first try to negotiate a deal with the vacant lot owner. Do you know who owns the vacant lot.
I did this once and the two owners came to terms on a price, had a lawyer draw it all up on a contract, got the survey and the lawyer handled it with the county.
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Doug Dawes
Topsfield, MA
-
Brenda J. Andrew
Willis, TX
-
Nina Hollander, Broker
Charlotte, NC
-
John Juarez
Fremont, CA
-
Debe Maxwell, CRS
Charlotte, NC
-
Fred Griffin Florida R...
Tallahassee, FL
-
Bob Crane
Stevens Point, WI
1,598,452
Wow, interesting situation. Thank you, Bob Crane for sharing your experience.
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Steve Higgins
Kelowna, BC
-
Doug Dawes
Topsfield, MA
-
Brenda J. Andrew
Willis, TX
-
Peter Testa
Danbury, CT
-
Debe Maxwell, CRS
Charlotte, NC
-
Valeria Mola
Sunny Isles Beach, FL
-
Bob Crane
Stevens Point, WI
1,844,171
I forget how long it takes but it has to be continuous use of 15 to 20 years in IL.
Ask one of the Utah kids what it's called. Offended lot looses the land.
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Doug Dawes
Topsfield, MA
-
Brenda J. Andrew
Willis, TX
-
Nina Hollander, Broker
Charlotte, NC
-
Debe Maxwell, CRS
Charlotte, NC
-
Kasey & John Boles
Boise, ID
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Bob Crane
Stevens Point, WI
1,502,868
This would be encroachment and could be settled nicely between neighbors, or through the courts. The offending lot owner would need to buy the portion of the neighbor's lot or remove his structure from that lot.
-
Kathleen Daniels, Prob...
San Jose, CA
-
Doug Dawes
Topsfield, MA
-
Brenda J. Andrew
Willis, TX
-
John Juarez
Fremont, CA
-
Debe Maxwell, CRS
Charlotte, NC
-
Bob Crane
Stevens Point, WI
1,622,432
Here to what is already mentioned, i believe in CA, if the land or property is not claimed for a number of years, the ''offender'' can become the legal owner... you'll need a legal assistance on this one: ''Generally speaking, if you have been occupying lands that you do not own, rent or otherwise have permission to use in excess of 12 years (or in the case of Crown lands 30 years), without any objection from the registered owner, you can claim what is known as “adverse possession”.''
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Valeria Mola
Sunny Isles Beach, FL
-
Doug Dawes
Topsfield, MA
-
Brenda J. Andrew
Willis, TX
-
John Juarez
Fremont, CA
-
Debe Maxwell, CRS
Charlotte, NC
-
Bob Crane
Stevens Point, WI
3,125,265
Interesting situation. A real estate attorney can answer that one for you John Juarez.
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Doug Dawes
Topsfield, MA
-
Brenda J. Andrew
Willis, TX
-
Debe Maxwell, CRS
Charlotte, NC
-
Michael Jacobs
Pasadena, CA
-
Ron and Alexandra Seigel
Carpinteria, CA
-
Bob Crane
Stevens Point, WI
1,196,588
I can see a potential Adverse Possession scenario. I would be interesting seeing how the land court would take care of it.
-
Debe Maxwell, CRS
Charlotte, NC
-
Steve Higgins
Kelowna, BC
-
John Pusa
Glendale, CA
-
Peter Testa
Danbury, CT
-
Doug Dawes
Topsfield, MA
516,337
This is a great question and I am so glad you asked, just in case I ever come across this in the future - which I hope I don't. Sounds like someone is going to have to get an attorney to get it straight.
-
Debe Maxwell, CRS
Charlotte, NC
-
Steve Higgins
Kelowna, BC
-
John Pusa
Glendale, CA
-
Peter Testa
Danbury, CT
-
Doug Dawes
Topsfield, MA
4,882,355
Sounds like a great question for a real estate attorney.
-
Valeria Mola
Sunny Isles Beach, FL
-
Debe Maxwell, CRS
Charlotte, NC
-
Doug Dawes
Topsfield, MA
-
Brenda J. Andrew
Willis, TX
-
Nina Hollander, Broker
Charlotte, NC
757,885
Might be a case of adverse possession. Definitely calls for a lawyer to handle it.
-
Debe Maxwell, CRS
Charlotte, NC
-
Steve Higgins
Kelowna, BC
-
Doug Dawes
Topsfield, MA
-
Brenda J. Andrew
Willis, TX
-
Nina Hollander, Broker
Charlotte, NC
911,228
I think the best way to hande that is by doing a BLA. Boundary Line Adjustment. If the Offending lot can pay a reasonble fee to the Offfended lot and pay for the BLA and new survey plats, that will cure it. Other options are (a) Move the house (b) remodel the house and remove the part that over the line. It depends on how much of the house is across the existing property line. (c) offender can purchase the lot, then do the BLA, the resell the lot if he/she doesn't want it.
-
Debe Maxwell, CRS
Charlotte, NC
-
Doug Dawes
Topsfield, MA
-
John Juarez
Fremont, CA
-
Brenda J. Andrew
Willis, TX
-
Nina Hollander, Broker
Charlotte, NC
1,543,225
I agree with Bob Crane almost like squatters rights.
-
Thomas J. Nelson, REAL...
La Jolla, CA
-
Doug Dawes
Topsfield, MA
-
Brenda J. Andrew
Willis, TX
-
Bob Crane
Stevens Point, WI
-
Debe Maxwell, CRS
Charlotte, NC
2,220,323
John, sounds like it's time to consult with your local real estate attorney.
-
Debe Maxwell, CRS
Charlotte, NC
-
Doug Dawes
Topsfield, MA
-
Peter Testa
Danbury, CT
-
Bob Crane
Stevens Point, WI
-
Anthony Acosta - ALLAT...
Atlanta, GA
3,988,007
Adverse possession as I remember it has to be adverse and not just ignored. Were one or both parties unaware?
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Valeria Mola
Sunny Isles Beach, FL
-
Doug Dawes
Topsfield, MA
-
Brenda J. Andrew
Willis, TX
-
Nina Hollander, Broker
Charlotte, NC
-
Debe Maxwell, CRS
Charlotte, NC
427,147
Besides Adverse Possession like Bob Crane stated, you could also go with SNAFU or FUBAR. I'd imagine. Best of luck to your clients, I hope they are ready for this. Might need to find the builder as well as the surveyor on this one.
-
Doug Dawes
Topsfield, MA
-
John Juarez
Fremont, CA
-
Brenda J. Andrew
Willis, TX
-
Debe Maxwell, CRS
Charlotte, NC
-
Bob Crane
Stevens Point, WI
805,799
Good luck with this one. Please let us know how it turns out.
-
Doug Dawes
Topsfield, MA
-
Brenda J. Andrew
Willis, TX
-
Peter Testa
Danbury, CT
-
Debe Maxwell, CRS
Charlotte, NC
-
Valeria Mola
Sunny Isles Beach, FL
1,153,794
This is going to take some research on the part of the municipality that issued the original permits for the offending & offended properties. Somrwhere in that mess you'll find an answer how to move forward. The term you're looking for is SNAFU John!
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Doug Dawes
Topsfield, MA
-
John Juarez
Fremont, CA
-
Brenda J. Andrew
Willis, TX
-
Debe Maxwell, CRS
Charlotte, NC
-
Fred Griffin Florida R...
Tallahassee, FL
5,048,718
I think that's a good question for an attorney. It's adverse possession and the result with depend on the survey, and the judge! Maybe there can be new property lines drawn.
-
Doug Dawes
Topsfield, MA
-
John Juarez
Fremont, CA
-
Brenda J. Andrew
Willis, TX
-
Nina Hollander, Broker
Charlotte, NC
-
Debe Maxwell, CRS
Charlotte, NC
5,772,575
John,
Real Estate lawyers, like Bob Crane stated. We wish you the best of outcomes. A
-
Valeria Mola
Sunny Isles Beach, FL
-
Doug Dawes
Topsfield, MA
-
Brenda J. Andrew
Willis, TX
-
Michael Jacobs
Pasadena, CA
-
Bob Crane
Stevens Point, WI
5,583,278
that's huge problem.... it a home that encroaches someone else's lot!!! buying an easement might be one way of resolving it....or selling a strip of land.... but attorneys need to be involved...
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Doug Dawes
Topsfield, MA
-
Brenda J. Andrew
Willis, TX
-
John Juarez
Fremont, CA
-
Debe Maxwell, CRS
Charlotte, NC
-
Bob Crane
Stevens Point, WI
4,800,082
It is not an easement and It probably is a violation and may need to be corrected or another solution negotiated.
-
Valeria Mola
Sunny Isles Beach, FL
-
Debe Maxwell, CRS
Charlotte, NC
-
Doug Dawes
Topsfield, MA
-
John Juarez
Fremont, CA
1,390,113
I call it an opportunity for two attorneys to make a little dough.
-
Valeria Mola
Sunny Isles Beach, FL
-
Debe Maxwell, CRS
Charlotte, NC
-
Steve Higgins
Kelowna, BC
-
Doug Dawes
Topsfield, MA
900,008
If the "error" went unnoticed for many years without any objections, the Offending Lot owner can gain possession via a legal process called Adverse Possession. Check with your state as to how many years of possession are required in your state; I have seen 10 and 15 years (NY and CT), but time can vary between 5 and 40 years, depending on the state. If paperwork is filed properly, court should rule in favor of Offending Lot and that "offending" piece of property would become legally his. Best to check with a local attorney.
-
Valeria Mola
Sunny Isles Beach, FL
-
Debe Maxwell, CRS
Charlotte, NC
-
Doug Dawes
Topsfield, MA
-
John Juarez
Fremont, CA
5,104,931
Adverse possession if it's been that way for a while. Get an attorney involved.
-
Steve Higgins
Kelowna, BC
-
Peter Testa
Danbury, CT
-
Doug Dawes
Topsfield, MA
-
Brenda J. Andrew
Willis, TX
4,160,025
John Juarez complicated!
-
Valeria Mola
Sunny Isles Beach, FL
-
Doug Dawes
Topsfield, MA
-
Brenda J. Andrew
Willis, TX
-
Bob Crane
Stevens Point, WI
8,033
Bob Crane nailed it.
-
Doug Dawes
Topsfield, MA
-
Brenda J. Andrew
Willis, TX
-
Anthony Acosta - ALLAT...
Atlanta, GA
-
Debe Maxwell, CRS
Charlotte, NC
2,781,013
If they paid documented taxes for five straight years with notice (adverse possession) they may have a claim if not it is subject to litigation with the outcome being demolition via court order plus damages, costs & fees
-
Doug Dawes
Topsfield, MA
-
Brenda J. Andrew
Willis, TX
-
John Juarez
Fremont, CA
-
Debe Maxwell, CRS
Charlotte, NC
7,835,272
You have to check your state law. The home owner should purchase the other lot.
-
Doug Dawes
Topsfield, MA
-
Brenda J. Andrew
Willis, TX
-
Debe Maxwell, CRS
Charlotte, NC
-
Bob Crane
Stevens Point, WI
259,317
Adverse possession,, contact an atty
-
Doug Dawes
Topsfield, MA
-
Debe Maxwell, CRS
Charlotte, NC
-
Valeria Mola
Sunny Isles Beach, FL
-
Bob Crane
Stevens Point, WI
787,902
PRESCRIPTIVE EASEMENT
An easement acquired by Adverse Possession is called a prescriptive easement.
The land that's burdened by the easement, or the "offended" parcel, as you put it, is called the servient tenement. The "offending" parcel, as you put it, is called the dominant tenement.
-
Valeria Mola
Sunny Isles Beach, FL
-
Debe Maxwell, CRS
Charlotte, NC
-
John Juarez
Fremont, CA
716,049
Well it depends. There is an encroachment for sure. Not an easement, but perhaps indeed adverse possession. It all depends on your state laws, and how the parties want to settle this.
Been in that situation before, in AZ, and the 'offending party' was ordered by the county to demolish the part of the house that was encroaching because it was not built to code by not having sufficient space between the structure and the lot line. The house had a part that was 'illegal'. That resolved the situation.
-
Debe Maxwell, CRS
Charlotte, NC
-
John Juarez
Fremont, CA
-
Doug Dawes
Topsfield, MA
5,216,238
Title companies will upon examination of a current survey issue an encroachment note allowing title to transfer. As to ownership of the encroached portion, another issue!
-
Debe Maxwell, CRS
Charlotte, NC
-
Doug Dawes
Topsfield, MA
-
John Juarez
Fremont, CA
3,416,038
It depends how long it was not noticed. I have had 2 of these in the last 4 years. the neighnors agreed on a lot line adjustment making the lot look like steps instead of a square. But both were happy
-
Debe Maxwell, CRS
Charlotte, NC
-
Doug Dawes
Topsfield, MA
-
John Juarez
Fremont, CA
1,239,801
35 year is the time limit. Adverse possession I think.....
-
Doug Dawes
Topsfield, MA
-
Brenda J. Andrew
Willis, TX
-
Debe Maxwell, CRS
Charlotte, NC
2,182,502
LEGAL Question
-
Doug Dawes
Topsfield, MA
-
Brenda J. Andrew
Willis, TX
-
Debe Maxwell, CRS
Charlotte, NC
1,712,676
Talk to a real estate attorney.
-
Doug Dawes
Topsfield, MA
-
Brenda J. Andrew
Willis, TX
-
Debe Maxwell, CRS
Charlotte, NC
280,599
Lawsuit against the surveyor?
-
Doug Dawes
Topsfield, MA
-
Brenda J. Andrew
Willis, TX
-
Debe Maxwell, CRS
Charlotte, NC
1,374,323
Adverse Posession. Time to consult with Attorneys.
-
Debe Maxwell, CRS
Charlotte, NC
-
John Juarez
Fremont, CA
92,082
Top of mind, i'd think encroachment.
Bottom of mind, i'd say a good attorney and judge will be needed...
Personal thoughts, it could go in several different directions.... (hence attorney)
-
Debe Maxwell, CRS
Charlotte, NC
-
John Juarez
Fremont, CA
4,434,127
5,868,372
I am dealing with this situation right now, as the previous homeowners "made a deal", but conveniently forgot about it when they signed papers at closing.
3,986,258
I 've seen this before and have found a land swap to be the best solution
4,319,419
John Juarez - this is why I like Q&A section.
Learning from other answers....
Thanks for asking.